Attentional Dinner
by desina
Summary: This is an experiment to start at What They Seem and reach the same ending scene in Finale with no Justin relapse. Not sure how it's all going to work out yet, but I needed a new long project like I needed a hole in the head...


**a/n: Inspired by lilAzIaNpride24's tag story "What They Seem," but if the break from the episode had come at a different point...**

Ben wasn't proud at the fact that his tongue had almost literally been hanging out of his mouth as Kate deliberately tried to distract him in the office. He knew his mouth had been hanging wide open. He was just glad that he didn't actually drool on anyone or anything. Especially not her, as that would be embarrassing.

Standing across the room, next to Leo, Kate said, "Prove to me that you are not as shallow as I think you are." Ouch.

Ben snorted. "Fine. Your little demo bought you a push until three o'clock tomorrow afternoon." He gestured with his hands, then his crocodile brain took over and came up with another plan. "Or, if you have dinner with me tonight, I'll give you until three o'clock the day after tomorrow. Your choice." He respected women who called him on his crap. In fact, it was one of the things he considered essential in a relationship, and one of the reasons he'd adored Kate at their first meeting.

"What? I'll take tomorrow afternoon." Leo took this moment to leave Ben's office.

Ben smiled. "So the Queen of Timeliness has decided that it's better to put a man's career on the line than have dinner with me. Here I thought you were so passionate about the case."

"Fine. I'll have dinner with you. But-" Ben heard Leo leave in the elevator.

Ben waved his hand. "No negotiation. That was one of _your_ conditions, Katie."

"Fine," she said in a tone that indicated it was anything but fine, but he'd called her on it fair and square.

He continued, "About the deadline, if you can't find me a better story by then, then the O'Hara story goes wide." His arms stretched to their maximum distance. "No more delays," he said sternly. He held out his arm for Kate. She ignored it, walked ahead of him and fetched her coat before storming off to the elevator.

She held the elevator for him, which he hadn't expected. "Why dinner?" She stepped back far enough in the elevator to avoid him.

Ben stood in the exact center just to be obnoxious. "You have to eat, I have to eat. Seems simple, really."

"I mean, what makes you think I want to have dinner with you?" She brushed her hair back from her brow with her thumb.

Ben turned to look at her. Did she seriously not know about her own responses a couple of minutes ago? Change of breathing, dilated eyes, increased heart rate? He leaned forward slightly and said. "I just know."

"You think you know everything. Well, you don't."

"So you think you're so immune to my charms?"

"I would be if you had any."

"Then prove it. Kiss me."

"What? No." She crossed her arms and her brow crinkled.

Ben crossed his arms in imitation and smirked, closing the distance between them until he felt her breath. "That doesn't sound like immunity to me," he murmured sexily.

"Fine," she said, leaning over for a light peck on the lips.

"You call that a kiss?" Ben snorted. "No wonder you're divorced." The elevator opened and they walked out into the garage, where Ben's car waited in his assigned space.

Kate's eyes flashed with anger. "Oh yeah?" She pushed him roughly against the wall and teased his lips with her own. He wrapped his arms around her, returning the kiss in kind, opening his lips to hers as she deepened the kiss.

She raked her fingers gently through his hair, sending shivers down his body, putting her elbows on his shoulders as she probed his lips with her tongue.

#

Kate felt Ben pick her up as their lips were locked, and she moaned. He repositioned so his hands supported her bottom, then she wrapped her legs around him, thoroughly enjoying herself. She felt his hard desire for her, and she wanted him - no, needed him - inside her.

Wait.

Hadn't she just been calling him empty a couple of hours ago? Hadn't she just been calling him shallow? Hadn't they been arguing? Hadn't he called her a tease, giving her the idea for the inattentional blindness demonstration in the first place?

Kate pulled her tongue slowly out of his mouth, and slid slowly back to ground. She found she couldn't look away from him, but she didn't want to admit how much she wanted him.

He smiled slightly, a knowing smile that irritated the hell out of her right now. He'd deliberately goaded her, and she'd taken the bait. He knew how she worked better than she knew how he worked.

"Where are we going?" she demanded, trying desperately to think of some way to change the subject off that incredibly hot kiss.

"Someplace fun," he said. "You'll see." He touched her waist as he walked her to the car, a soft, gentle touch she hadn't known he was capable of. A touch that showed he knew the effect he had on her and was claiming it. A touch that irritated the hell out of her, but she wasn't going to let him know that.

She sulked in the car all the way to Nob Hill, where he pulled into valet parking in front of a swanky hotel. "Good evening, Mr. Grogan," the valet greeted him. Anger flashed in Kate's eyes. Of course they'd know him here.

Kate got out of the car without comment, allowing Ben to place his hand gently on her back as he guided her through the maze down to the Tonga Room's entrance.

Despite her general annoyance with how the day had gone and Ben in particular, she laughed. "You could take me anywhere in the city and you're taking me to a tiki bar?"

Ben looked at her with amusement. "You've never been here?"

"A tiki bar?"

"It's a very nice tiki bar. Historic, even. You know I like nice things. Besides, Anthony Bourdain says, 'This is like the greatest place in the history of the world.' And he would know, food-wise."

Kate rolled her eyes at him. Knowing Ben, they probably had good food, so she'd just quit while she was still partly ahead.

"Ahh, Mr. Grogan," the hostess greeted them. "Would you like your usual table?"

"Please," he said, guiding Kate to a seat along the water as they followed the hostess. She chose the closer seat, which gave him the view of the room as a whole, which he preferred. Brushing off the hostess politely, he helped Kate with her chair.

The hostess gave them their menus, and Kate looked at it with interest. "So what's good?"

He gave her four items he most liked on the menu, then said he was going to have the Singapore noodles. He ordered two Mai Tais for them, and gave her his opinions on everything on the menu.

"Wow, you do come here a lot, don't you?"

"Well, not that often before my kitchen remodel started. My place won't be ready for another month, and that's if everything goes right. I don't like eating out every night, but that's what I'm doing these days."

"So why here?"

"Right now, I live here, so it's convenient, so I have a standing reservation three nights a week."

"Tell me you're not in the ten thousand dollar a night penthouse."

"Katie, I'm not in the ten thousand dollar a night penthouse."

She tilted her head. "I don't believe you."

He rolled his eyes. "Look, that's the kind of place where it's fun to stay for a couple of nights, but I'm not that stupid with my money - which is why I have money. I will cop to staying in one of their suites, but one of the least expensive. I could afford to own a larger place than I do with a better view, but I like where I live. Plus, it's paid for."

"No mortgage?"

"Nope. Just taxes."

Kate tried to wrap her head around that concept. She and Justin had struggled so hard for a couple of years out of law school when they were newly married and not making a lot of money. Kate's father insisted they both work at other firms first, so they worked in one firm together. Then Kate and Justin's career path separated, she joining her father's firm, and Justin going to work in the DA's office. They'd never had a lot of money, just enough to buy a too-small condo.

Then, two weeks after Justin filed for divorce, Kate's father died suddenly. The trust got settled very quickly, and an account was opened up for Kate's share, but she hadn't touched it. It wasn't enough to buy a worthwhile place in San Francisco, but maybe it could be enough for a down payment.

"I . . . I can't even think with that. I'm still a broke law student at heart."

"With five hundred dollar shoes. Or are those six hundred?"

"Whatever." She waved her hand, annoyed.

Their drinks arrived, and Kate sipped her Mai Tai, which was exceptionally good. She even liked the cheesy presentation in a coconut-shaped mug with pineapple and an umbrella.

"So, are you going to find your own place?" Ben asked.

"I don't know. Who has time?"

"It's not the time, Katie, it's having the choice and the space to be yourself."

She sighed, even more annoyed. "I'd love that. I'd love some funky place I could paint and have people over, and I'd love to see my friends more. I've just never lived alone except for the couple of months I was on the boat by myself."

"Do you want another boat?"

"I don't really sail, and I only lived on it because it was my father's. Plus, being in Marin, it seemed that none of my friends would visit because it was so far. I do miss it, though. I miss the sound of water lapping at the hull, at the gentle rocking that helped me sleep, at the sound of the rigging hitting the mast, at the cute guy in the next slip whose face would fall every time Justin visited."

"I'm sorry, Katie."

Her brow furrowed. "For what?"

"When I said it was ten bucks to fix a leaky propane seal, I knew that because my dad's done a lot of plumbing and taught me. I could have fixed it for you, and I didn't, so I've always felt guilty that your boat blew up. Of course, even fixing the seal, it might still have blown up because propane is heavier than air, but I could have tried to help you get everything fixed. We were on a deadline and exasperated with each other that day. Anyhow, I'm sorry I didn't try."

She reached out and touched his hand. "It's not your fault. It's mine."

He laced his fingers between hers, and she let him hold her hand while the conversation turned to his recent remodels. He pulled his phone out of his pocket and one-handedly found the photo he was looking for.

"Here's the living room after the decorator was done with it. Doesn't do it justice, though."

The photo, of a blue Venetian plaster wall in a living room with pale wood floors, a large purple shag rug, and white chairs and sofa and presumably some tables she couldn't see, was gorgeous.

"That's beautiful, Ben."

"I like nice things." His smile flustered her, as did his fingers still intertwined with hers.

"So you keep saying."

Their food arrived, and Kate gently pulled her hand away from his so she could tear into her Mongolian Beef. Meanwhile, he used his own chopsticks to attack his Singapore noodles. Kate caught herself shaking her head.

Ben frowned. "What?"

"You carry your own chopsticks."

He shrugged. "I carry a titanium spork too, just in case I have a spork-needing emergency."

"You do not."

He reached into his briefcase, pulled out a purple spork, and handed it to her.

"You carry a titanium spork," she said with disdain.

"What? It's not like they cost a lot. They're ten bucks at REI, tops. They don't have the metallic taste stainless does."

"It's purple."

"I can find it in my briefcase that way, plus I happen to like purple. They also have green, blue, and regular titanium. I probably would have gotten blue, but they were out the day I went."

She laughed and handed it back. "Okay. I'm trying to imagine you shopping in REI, and failing."

He tilted his head. "That's because you don't know me very well. After this case is resolved to your satisfaction, I'll take you on an afternoon REI kind of trip over the weekend."

"I'm not outdoorsy."

Ben said flirtatiously, "Oh, I'll do all the work, Katie. Fear not. No exercise required on your part unless you wish to."

She flirted back, "Will I be wearing clothes for this activity?"

He chuckled. "That's entirely up to you, though I should buy more sunscreen just in case."

He didn't have to say in case what, Kate got the message. She shivered at the thought of being naked and outdoors in some context where Ben was applying sunscreen all over her. Until that moment, she had no idea that she even wanted such a thing, but her mind kept flipping from one REI activity to another. He said a few hours, so they definitely weren't going camping overnight, so what did he mean?

They finished their dinner, and Kate declined dessert. Ben signed for the tab, and walked Kate to the front of the restaurant.

She studied his face, then grabbed his wrist as he turned to the outside door. She shook her head.

He changed direction and guided her to the elevator, her hand still clamped around his wrist. The elevator dinged on his floor, and he walked her to his suite and opened the door, letting her enter first.

"Wow, Ben, this is really nice." Muted tones filled the living room of the suite.

"Check out the view," he said, and she opened the windows to reveal a balcony lined with wrought iron filigree.

She stepped out onto the terrace, then sat on one of the chairs to take in the view. "I get why you stay here," she said. "I don't think I'd have spent the money, but I understand it."

#

He stood behind her, looking out. In the month he'd lived here, he'd only spent one or two evenings looking out, generally when he was thinking of Kate and wondering what she was doing and where in the city she was. He knew where Lauren's place was, which wasn't visible from his room, but Kate - Kate could be anywhere. In fact, he wondered if she was like some quantum mechanics special particle where she was everywhere all at once.

She shivered, so he removed his coat and wrapped it around her shoulders. Though she had on a light coat, it wasn't wool the way his suit jacket was. "I can bring something warmer if you'd like," he offered.

Kate shook her head.

"How about some wine? I have a nice Malbec open." She nodded, so he took off his tie, then poured two glasses and brought the glasses and bottle onto the terrace. He gave her her glass, pulled up a chair beside her, and covered her hand with his.

"Ben?" she asked. When he looked at her face, he saw a tear forming.

"What's up? he said, taking his hand from hers and stroking her face.

"Why couldn't you just have given me more time?"

"Let me show you. I'll be right back."

He brought in his calendar day by day, one work week to a legal-sized page, for the next month and sat back in the chair. "This is my calendar. Tomorrow at five p.m. I need to start prepping for my next case because I have a hearing the following morning. So giving you that extra day crosses the streams on case prep. And if it went two days, then the three cases I have motions due for on that day could slip. It only gets worse from there. It's possible that giving you one extra day is going to mean shifting some work to Saturday or Sunday, which I don't like to do. I burn out too easily."

She looked at his calendar and pointed to the evening's schedule. "You didn't have time to go to dinner with me, either."

He put the papers down and took her hand again, then looked into her eyes. "I made time, Katie, but there's only so much time I can make. Were I dating, I'd start spreading out some of the casework a bit thinner, but I'm trying to help save the firm."

She sighed. "That sounds familiar." The tear that had started forming was long gone, and her fingertips gently massaged his.

"I hate to say it, but I should get started on some of that work soon."

"I'm surprised you're not going to ask me to stay."

"Katie, if somehow the Chernoff case implodes, I don't want it to be because I distracted you. Go work your magic. We can go out for dinner and/or drinks after there's something to celebrate, okay?"

She stood up, smiling, and he stood up with her. He thought she was headed for the door, but she turned into his bedroom. He leaned in the doorway, wondering what she was up to.

"Where are your ties?" She looked around the bedroom at a surprisingly large number of places to stash small objects.

"Top left drawer," he said.

She opened it, then he belatedly recalled that's also where his boxers were. Oh well.

Kate looked through the neatly-rolled ties as Ben silently crossed the room. She picked two out and put them on top of the dresser.

"This one's for tomorrow, and that one's for the day after," she said, closing the drawer.

"You're not going to pick out pocket squares and boxers, too?" He pouted.

"Fine," she said, re-opening the drawer and picking out two pocket squares, then rifling neatly through his boxers and picking two nice prints.

"Okay," he whispered, for he'd lost the ability to speak altogether.

"Okay what?" she asked, closing the drawer again and turning around.

"Okay, I'll wear them."

"You'd better. I might check," she said flirtatiously into his ear, her hand on his chest.

"Please do," he replied into her ear.

He put his hands on her hips and said, "Now I need to get back to prep. Would you like me to drive you home, or would you prefer a cab?"

"I'll cab it."

He walked her to the door. Before opening it, he pulled her close and kissed her again, insisting her mouth open to his, waiting for her to respond in kind. When the kiss finally ended, she smiled and said, "Now who's the tease?" She turned and left, and Ben closed the door and collapsed against it.

She twisted him in knots deliberately, and he not only let her, he invited more. He could barely speak, let alone stand.


End file.
